MISCELLANEOUSCentral
Section 140 of The Code of Civil Procedure, 1908
Assessors in causes of salvage, etc.
- (1)In any admiralty or vice-admiralty cause of salvage to wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.
- (2)Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.
Summary
- This law allows a Court to bring in two expert helpers called assessors for specific maritime cases.
- It applies to cases involving saving ships from danger, sailor pay disputes, or ship collisions.
- The Court can choose to call these experts on its own or must do so if any party in the case requests it.
- These experts are required to attend the court proceedings and provide their assistance.
- The experts receive a fee for their attendance which is paid by the parties as the Court decides.
Practical examples
1Captain Ramesh is involved in a legal dispute regarding the collision of two cargo ships in a harbor. The judge uses Section 140 to summon two experienced master mariners to explain technical steering maneuvers during the trial.
2A group of sailors sues a shipping company for unpaid wages after a long voyage. Under Section 140, the Court brings in two maritime experts to help calculate the standard local rates and verify the ship's logs.
FAQ
1. What types of cases allow for experts under Section 140 of The Code of Civil Procedure, 1908?
This section applies to maritime or ship-related cases involving salvage, which is saving a ship, sailor wages, or ship collisions.
2. How many experts are summoned under Section 140 of the Civil Procedure Code?
The Court summons exactly two competent assessors to provide assistance.
3. Who pays the experts for their time in a Section 140 case?
The parties involved in the case must pay the fees for the experts as directed by the Court.
Test yourself
1.Under Section 140 of The Code of Civil Procedure, 1908, when is the Court required to summon assessors?
2.Which specific role do the summoned persons play under Section 140 of the 1908 Code?
3.Under Section 140 of The Code of Civil Procedure, 1908, who decides the amount of fees the experts receive?
4.To which of the following does Section 140 of the Civil Code apply?